Implementation of Transitional Laws in Serbia 2006

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Implementation of Transitional Laws in Serbia 2006The RRA Council reacted to such numerous accusations with counteraccusations,both against domestic critics 552 , as well as against internationalorganizations 553 . In response to the criticism of the German Ambassadorto Belgrade Andreas Zobel, the RRA Council said the following:“It is certain that such television in Germany would not get a broadcastinglicense, but Mr. Zobel seems to be led by the rule that what you are notallowed to do at your home, you can do at someone else’s” 554 .Apart from that, in its press release the RRA Council again repeated itsclaim that RTL has foreign capital in the amount higher than allowed bythe law. It is clear from this press statement that the RRA Council fullyignored the binding interpretation from the Ministry of Culture along withconsultations with the Ministry of International Economic Relations, whichsaid that the majority capital share of RTL is domestic 555 . It is not clear thenwhy it was accepted that RTL participates in the competition as an equalcandidate in the first place.There were several electronic media that accused the OSCE Mission toBelgrade of working in favor of German RTL and advocating repetitionof the contest because RTL was not given the broadcasting license 556 . Astatement was sent from the offices of Radio Index, station where RRACouncil members Nenad Cekic and Aleksandar Vasic used to work, andwhich was granted a national broadcasting license 557 .Serbian President Boris Tadic did not sign the Law on changes andamendments to the law on broadcasting 558 after it was adopted by theNational Assembly on July 19, 2006 559 . In his letter, Tadic severely criticizedthe solutions offered in the Law which, according to him, limit the freedomof the media and introduce control of executive authorities over RRA’swork 560 . Inter alia, Tadic said in his letter:552 RRA Council: NUNS threatens, B92, July 31 st , 2006, webpage: http://www.b92.net/info/vesti/index.php?yyyy=2006&mm=07&dd=31&nav_category=12&nav_id=206407&fs=1#, visited on November 25 th , 2006553 OSCE tied with RTL, B92, July 29 th , 2006, webpage: http://www.b92.net/info/vesti/index.php?yyyy=2006&mm=07&dd=29&nav_category=12&nav_id=206209&fs=1#, visited on November 25 th , 2006554 RRA seeks protection from Zobel’s statement, B92, July 20 th , 2006, webpage: http://www.b92.net/info/vesti/index.php?yyyy=2006&mm=07&dd=20&nav_category=12&nav_id=205368&fs=1#,visited on November 25 th ,2006555 See above under 516556 OSCE tied with RTL, see above under 553557 Ibid558 A new chance for broadcasting, see above under 539559 Law on Broadcasting changed, B92, July 19 th , 2006, webpage: http://www.b92.net/info/vesti/index.php?yyyy=2006&mm=07&dd=19&nav_category=11&nav_id=205169&fs=1#, visited on November 25 th , 2006560 Why haven’t I signed the Law on Broadcasting, BLIC, July 28 th , 2006, available at: http://www.b92.net/info/vesti/110
Implementation of Transitional Laws in Serbia 2006Apart from the period of notorious information law from the Milosevic-Radical-YugoslavLeft era, never has the media been closed down in such a way. As President of Serbia, Icannot allow our country to go back to that period and that democratic heritage that wefought for on October 5, 2000 is ruined.It is clear that the state, that is, all citizens will have to pay compensation for the damagecaused by illegal decisions of the Council. By making this decision, I protect citizens, butalso the state as I am the president, from the immeasurable damage that would be inflictedby pressing down on the media, pluralism of opinion, democracy.The passing of this law despite essential remarks of the Organization for EuropeanSecurity and Cooperation (OSCE), the Serbian Ministry of Culture, professionalassociations, would seriously inflict damage to the credibility of our country 561 .In spite of all, the Serbian Assembly again adopted the same Law, so Tadicwas forced to sign it in September. The current convocation of the SerbianNational Assembly changed the Law on broadcasting as many as threetimes. Every change was followed by protests and serious remarks fromjournalists’ and media associations, NGOs and international communityrepresentatives.Hate-speech in Electronic MediaOne of the principles protected by the law within the radio-diffusion area isthe ban on hate-speech in electronic media. 562 The Agency is due to ensurethat the programs are free from information containing the elements that stiror incite discrimination, hatred, intolerance or violence against individualsor groups on grounds of their gender, religious, racial, national, politicalor sexual orientation and affiliation. 563 Disciplinary measures against hatespeechare to be pronounced by the Agency, which uses official warnings,suspension or permanent withdrawal of license for this purpose. 564 Publicservices of Serbia and Vojvodina are exempt from license-withdrawalmeasure. 565 Furthermore, if a broadcaster’s behavior contains elements thatcan be qualified as criminal act, the Agency may initiate legal proceedingspregled_stampe.php?yyyy=2006&mm=07&dd=28&nav_id=206062&fs=1, visited on November 25 th , 2006561 Ibid562 Law on broadcasting, Article 21563 Ibid, Article 21, Paragraph 1564 Ibid, Article 17, Paragraph 1565 Ibid, Article 17, Paragraph 2111
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Implementation of Transitional Laws in Serbia 2006

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